Part 1

 

Part 1

Dangerous Buildings

 

101 Dangerous or Dilapidated Buildings Defined 

All buildings or structures or parts thereof, which have any or all of the following defects, shall be deemed “dangerous buildings”:

 

1.      Those which have been damaged by fire, wind, or other causes so as to have become dangerous to the life, safety, morals or general health and welfare of occupants or people of the Borough because of the potential of injury, including that which would result from the condition of the premises, possible collapse, or fire.

2.      Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause accidents, sickness or disease, so as to work injury to the heath, moral, safety, or general welfare of those living therein as well as other citizens of the Borough.

3.      Those which have parts thereof which are so attached or otherwise erected that they might fall and injure members of the public or adjoining property or otherwise cause injury.

4.      Those which because of their general condition are unsafe, unsanitary or dangerous to the health, morals safety or general welfare of the people of the Borough.

 

102 Dangerous Buildings as Nuisance 

All “dangerous buildings” within the terms 101 of this Part are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.  (Ord.  2/9/1987, 2)

           

103 Investigation procedures 

Whenever it shall be reported or come to the attention of any Borough official or police officer that any building or structure, completed or in the process of construction, or any portion thereof, is in a dangerous condition, such person having knowledge thereof shall report same to the Borough Council, and the Council shall immediately cause an investigation and examination to be made of such building or structure.  If such investigation or examination indicates such building or structure to be dangerous in accordance with the standards of 101 of this Part, a written report of such investigation shall be submitted to the Council, specifying the exact condition of such building or structure and setting forth whether or in which respect the structure is dangerous and whether the structure is capable of being properly repaired or whether it shall be removed as a dangerous structure.  (Ord. 2/9/1987, 3)

           

104 Hearing Procedure 

The council shall:

  1. Upon receipt of a report in accordance with 103 of this Part, give written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by land records of the Recorder of Deeds of Perry County, to appear before the Council on the date specified in the notice to show cause why the building or structure reported to be a “dangerous building” should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the notice provided for herein in 106(3).
  2. Hold a hearing and hear such testimony as the inspector or reporting individual or the owner, occupant, mortgagee, lessee or any other person having an interest in said building shall offer relative to the “dangerous building.”
  3. Make written findings of fact from the testimony offered pursuant to subsection (2) as to whether or not the building in question is a “dangerous building” with in the terms of 101 hereof and constitutes a nuisance.
  4. Particularize the reasons why the building in question is a ‘dangerous building.”  Issue an order based upon findings of fact made pursuant to subsections (3) and (4) of this Section demand the owner, occupant, mortgagee, lessee or any other person having an interest in the said building to repair, vacate or demolish any building found to be a ‘dangerous building” with in the terms of this Part.  (Ord. 2/9/1987, 4)

 

105 Standards for Repair, Vacation or Demolition 

The following standards shall be followed in substance by Council in ordering repair, vacation or demolition.

1.      If the Dangerous or dilapidated building or part there of can be repaired or the part removed as determined by the council so that it will no longer exist in violation of the terms of this Part, it shall be ordered repaired or removed.

2.      If the dangerous or dilapidated building or structure is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants, it shall be ordered to be vacated.

3.      In any case where a dangerous or dilapidated building or structure cannot be reasonably repaired or part removed as determined by council it shall be demolished.  In cases where a dangerous or dilapidated building or structure is a fire hazard existing or erected in violation of the terms of this Part, any applicable fire prevention code, similar ordinance of the Borough, or any statue of the Commonwealth of Pennsylvania, it shall be demolished.  (Ord. 2/9/1987, 5) 

 

106 Enforcement Procedures

  1. If any structure is deemed to be a “dangerous building” within the standards set forth in 101 of this Part, the Council shall forthwith cause written notice to be served upon the owner, occupant, lessee, mortgage, agent and all other persons having an interest in said building as shown by the records of the Recorder of Deeds of Perry County.
  2. The notice required by this Section shall be served personally upon the owner of a dangerous building if the owner resides in the Borough or personally upon his agent if such agent resides within the Borough.  If personal service as required herein cannot be obtains or if the owner resides outside the Borough, such notice shall be sent to the owner of a dangerous building by registered mail at the last known address thereof.
  3. The notice shall identify the building or structure deemed dangerous and contain a statement of the particulars which made this building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of the order issued pursuant to the provisions of this Part, provided in any case where the notice prescribes the repair of any structure, the owner thereof shall have the option to remove such structure in lieu of making the repairs thereto within the time limits herein set forth.
  4. Such notice shall require any person notified to repair, remove, vacate or demolish any building or part thereof to commence the work or act required by the notice within fifteen (15) days of such notice and to complete such repair or removal within forty-five (45) days thereof.
  5. The council shall cause to be place on all dangerous buildings a notice reading substantially as follows:

            “This building has been found to be a dangerous building by the Council of the             Borough of Landisburg.  This notice is to remain on this building until it is             repaired, vacated or demolished in accordance with the notice, which has been             given to the owner, occupant, lessee, mortgagee or agent of this building.  The             removal of this notice is unlawful until compliance is made under the terms             contained in the notice given to the above named party.”

(Ord.  2/9/1987, 6)

 

107 Penalties

  1. The owner, occupant, mortgagee, lessee or any other person who shall fail to comply with any notice or order to repair, vacate or demolish any such dangerous building given by an person authorized by this Part, or any regulation or order issued there under, shall upon conviction before a district justice be subject to a fine not exceeding six hundred dollars per offense and costs and in default of payment of the fine and costs shall be subject to a term of imprisonment for a period not to exceed thirty (30) days.  Provided, each day’s continuance of a violation shall constitute a separate offense.  Penalties contained in this part are in addition to any other remedies provided by this Part or by law.  (Ord. 4/12/1993)
  2. Any person removing the notice provided for in 106(5), hereof, shall upon conviction before the district justice, be subject to a fine not exceeding six hundred dollars ($600.00) and costs shall be subject to a term of imprisonment for a period not to exceed thirty (30) days.  (Ord.  4/12/1993)
  3. If the owner, occupant, mortgagee, lessee or any person having an interest in said building, as shown by the lands records of the recorder of Deeds of Perry County, fails to comply with any notice or order to repair, vacate or demolish any dangerous building within thirty (30) days, the Council is empowered to cause such building or structure to be repaired, vacated or demolished by the Borough and to cause the costs of such repair, vacation or demolition, together with a penalty of fifteen (15%) percent plus reasonable attorneys fees to be charged against the land on which the building existed as a municipal lien and proceed thereon as provided in law or to recover such costs plus reasonable attorney fees in a suit at law against the owner or other such person having an interest in the building.  Provided, the recovery of such cost and expense, together with the penalty, may be in addition to the penalty imposed in subsection (1) and (2) of this Section.  (Ord.  2/9/1987, 7:  as amended by Ord.  4/12/1993)

 

108 Emergency Cases

In cases wherein it reasonably appears that there exists and immediate danger to the life or safety of any person caused or created by a “dangerous building’ as defined herein, the Council shall cause the immediate repair, vacation or demolition of such “dangerous building”.  The cost of such emergency repair, vacation or demolition of such “dangerous building” shall be collected in the same 109.  Liability.  No agent or employee or Council member or officer of the Borough of Landisburg shall render himself personally liable for any damage that may accrue to persons or property a result of any act required or permitted in the discharge of duties as provided or implied herein.  (Ord.  2/9/1987, 10)